National Development Company v CIR (1987)

National Development Company v CIR GR No L-53961, June 30, 1987

FACTS:
The National Development Company (NDC) entered into contracts in Tokyo with several Japanese
shipbuilding companies for the construction of 12 ocean-going vessels. Initial payments were made in
cash and through irrevocable letters of credit. When the vessels were completed and delivered to the NDC
in Tokyo, the latter remitted to the shipbuilders the amount of US$ 4,066,580.70 as interest on the balance
of the purchase price. No tax was withheld. The Commissioner then held the NDC liable on such tax in
the total sum of P5,115,234.74. Negotiations followed but failed. NDC went to CTA. BIR was sustained
by CTA. BIR was sustained by CTA. Hence, this petition for certiorari.

ISSUE:
Is NDC liable for the tax?

RULING:
Yes.
Although NDC is not the one taxed since it was the Japanese shipbuilders who were liable on the interest
remitted to them under Section 37 of the Tax Code, still, the imposition is valid.
The imposition of the deficiency taxes on NDC is a penalty for its failure to withhold the same from the
Japanese shipbuilders. Such liability is imposed by Section 53c of the Tax Code. NDC was remiss in the
discharge of its obligation as the withholding agent of the government and so should be liable for the
omission.